Shared vs. Sole Decision-Making Responsibility in Ontario: Complete 2026 Guide

In Ontario, shared decision-making responsibility means both parents must jointly make major decisions about their child's education, health, religion, and significant extracurricular activities. Under Divorce Act, R.S.C. 1985, c. 3, s. 16, courts award joint decision-making in 61% of all parenting orders, while sole decision-making responsibility—where one parent has exclusive authority—applies in cases involving communication breakdown, domestic violence, or inability to cooperate. The total court filing fee for parenting orders in Ontario is $669 as of January 2026.

Key Facts: Decision-Making Responsibility in Ontario (2026)

Understanding Decision-Making Responsibility in Ontario

Decision-making responsibility replaced the outdated term "legal custody" under the 2021 Divorce Act amendments, which came into force March 1, 2021. Ontario courts now focus on children's needs rather than parental rights, recognizing that children are not property to be divided between separating parents. The Children's Law Reform Act, R.S.O. 1990, c. C.12, s. 24 governs parenting arrangements for unmarried parents, while the federal Divorce Act applies to divorcing spouses.

Under the current framework, decision-making responsibility specifically covers authority over four major areas of a child's life: education (school selection, tutoring, special education needs), health care (medical treatment, therapy, vaccinations), religion (religious upbringing, ceremonies, observances), and significant extracurricular activities (competitive sports, arts programs requiring substantial commitment). Day-to-day decisions about meals, bedtime, and routine activities fall under parenting time, not decision-making responsibility.

The distinction between shared and sole decision-making responsibility has significant practical implications. Parents with shared decision-making responsibility must consult each other and reach agreement on major decisions, which requires ongoing communication and cooperation. When parents cannot agree, they may need to return to court or engage a parenting coordinator, adding costs of $120-240 per hour according to Ontario mediation providers.

Shared Decision-Making Responsibility Ontario

Shared decision-making responsibility in Ontario requires both parents to collaborate on all major decisions affecting their child, with neither parent having final authority over the other. This arrangement works best when parents can communicate effectively despite their separation, as documented in the Supreme Court of Canada ruling Barendregt v. Grebliunas 2022 SCC 22, which confirmed that parenting time should be maximized only when consistent with the child's best interests.

When Courts Order Shared Decision-Making

Ontario courts order shared decision-making responsibility in approximately 61% of all parenting orders, according to the Department of Justice Canada's Survey of Family Courts 2018-2019. This rate increases to 66% in consent orders where parents agree on arrangements, compared to 53% in contested cases decided by a judge. The data demonstrates that cooperative parents are more likely to receive shared decision-making arrangements.

For shared decision-making responsibility to succeed, courts assess whether parents demonstrate:

• Ability to communicate about the child's needs without hostility
• Willingness to consult before making major decisions
• History of cooperation during separation
• Geographic proximity allowing practical consultation
• Absence of family violence or coercive control
• Mutual respect for each other's parenting role

Shared decision-making does not necessarily mean equal parenting time. A child might live primarily with one parent (65% of overnights) while both parents retain equal authority over major decisions. Statistics Canada's 2017 General Social Survey found that shared parenting arrangements (non-sole custody) represent 52.6% of all separations, reflecting the growing acceptance of cooperative parenting models.

Advantages of Shared Decision-Making Responsibility

Research consistently shows benefits when children maintain meaningful relationships with both parents. The Department of Justice Canada reports that children in shared parenting arrangements demonstrate better adjustment outcomes when parents cooperate effectively. Shared decision-making responsibility ensures both parents remain invested in their child's welfare, reducing the likelihood that one parent becomes disengaged.

Practical advantages include:

• Both parents stay informed about school performance and health issues
• Children see their parents working together despite separation
• Neither parent feels excluded from important milestones
• Major decisions reflect two perspectives rather than one
• Reduced conflict over "custody" terminology and perceived hierarchy

Challenges of Shared Decision-Making

Shared decision-making responsibility creates challenges when parents have fundamentally different values or cannot communicate effectively. Disagreements about school choice, medical treatment, or religious upbringing can require court intervention, with contested motions costing $5,000-15,000 in legal fees according to Ontario family lawyers. The average cost of mediation settlement is under $5,000, making alternative dispute resolution significantly more affordable than litigation.

Common challenges include:

• Time-sensitive decisions requiring immediate action
• Parents living in different provinces or countries
• Disagreements about extracurricular commitments
• One parent undermining the other's authority
• Communication breakdown requiring intermediaries

Sole Decision-Making Responsibility in Ontario

Sole decision-making responsibility grants one parent exclusive authority to make all major decisions about the child's education, health, religion, and extracurricular activities without consulting the other parent. Ontario courts award sole decision-making in 39% of parenting orders, typically when shared arrangements would expose children to ongoing conflict or one parent poses safety concerns under Divorce Act s. 16(4).

When Courts Order Sole Decision-Making

The court in Bressi v. Skinulis confirmed there is no presumption favoring shared decision-making responsibility. Courts order sole decision-making when evidence demonstrates that shared arrangements would harm the child's best interests. Under Divorce Act s. 16(2), the primary consideration is always the child's physical, emotional, and psychological safety, security, and well-being.

Factors leading to sole decision-making orders include:

• Documented family violence or coercive control
• History of parental alienation behaviors
• Substance abuse affecting parenting capacity
• Mental health conditions impacting judgment
• Complete communication breakdown between parents
• One parent's absence or disengagement from the child's life
• Repeated violations of existing parenting orders

The parent without decision-making responsibility typically retains parenting time rights. They receive information about major decisions and can participate in the child's daily life during their scheduled time, but cannot veto decisions made by the parent with sole authority.

Sole Decision-Making After Family Violence

Bill C-223, introduced in January 2026 and currently under parliamentary review, proposes amendments rejecting any default assumption of equal parenting time when family violence is present. While courts already have authority to order sole decision-making responsibility in domestic violence cases, the proposed legislation would make clear that shared parenting should not be presumed where evidence of abuse, coercive control, or safety concerns exists.

Under current law, Divorce Act s. 16(4) requires courts to consider specific factors when family violence is alleged:

• Nature, seriousness, and frequency of the violence
• Whether violence was directed at the child
• Physical or emotional harm to the child
• Compromise to the child's safety
• Impact of the child witnessing family violence
• Actions taken by the violent person to prevent further violence

Parallel Parenting: A Middle Ground Option

Parallel parenting arrangements divide decision-making authority between parents, with each having sole responsibility over specific domains. This structure reduces the need for communication between high-conflict parents while ensuring children benefit from both parents' involvement in different areas of their lives.

How Parallel Parenting Works

In a typical parallel parenting arrangement, Parent A might have exclusive decision-making responsibility for education and extracurricular activities, while Parent B has exclusive authority over health care and religious upbringing. Each parent makes decisions within their assigned domain without consulting the other, following clearly defined boundaries in the parenting order.

Parallel parenting is appropriate when parents:

• Cannot communicate without conflict escalation
• Have fundamentally different parenting philosophies
• Experience triggers from direct communication
• Need structure to reduce litigation frequency
• Can function independently but not collaboratively

Ontario courts recognize parallel parenting as a legitimate arrangement under Children's Law Reform Act s. 28, which allows courts to make orders regarding any aspect of decision-making responsibility. A parenting coordinator may monitor compliance and help resolve boundary disputes at $120 per hour for basic coordination services.

Best Interests of the Child: The Governing Standard

Every parenting order in Ontario must be made "exclusively in the best interests of the child" under Divorce Act s. 16(1). This standard governs whether courts order shared, sole, or parallel decision-making responsibility, with Divorce Act s. 16(3) listing specific factors courts must consider.

Factors Courts Must Consider

The Divorce Act provides a non-exhaustive list of best interests factors:

• The child's needs given age and developmental stage
• Nature and strength of relationships with each parent
• Each parent's willingness to support the child's relationship with the other parent
• History of care for the child
• The child's views and preferences (given age and maturity)
• Cultural, linguistic, religious, and spiritual heritage
• Plans for the child's care
• Ability and willingness to communicate and cooperate
• Any family violence and its impact
• Any civil or criminal proceedings relevant to safety

Under Divorce Act s. 16(6), courts must give effect to the principle that a child should have as much time with each parent as is consistent with the child's best interests. However, the Supreme Court of Canada in Barendregt v. Grebliunas 2022 SCC 22 clarified that maximizing parenting time is a goal, not a presumption, and must yield to best interests considerations.

Filing Fees and Court Costs in Ontario

Ontario family court filing fees total $679 for divorce applications involving parenting arrangements, comprising provincial fees of $669 plus a $10 federal fee to the Central Registry of Divorce Proceedings. The provincial fee is paid in two installments: $224 when filing the Application for Divorce (Form 8A) and $445 when submitting the Affidavit for Divorce.

Fee Schedule (As of January 2026)

Fee Waivers for Low-Income Applicants

Fee waivers are available for individuals receiving Ontario Works, Ontario Disability Support Program (ODSP), or meeting specific low-income thresholds. If approved, the entire $669 provincial filing fee is waived; however, the $10 federal fee cannot be waived. Applications for fee waiver are submitted with supporting documentation demonstrating financial eligibility.

Alternative Dispute Resolution Costs

Mediation offers significant cost savings compared to litigation. The average cost of a mediation settlement is under $5,000, while contested parenting litigation typically costs $15,000-50,000 per parent. Community-based mediation programs offer rates as low as $120 per hour, while private mediators with legal and counselling expertise charge $250-400 per hour.

Residency Requirements for Parenting Orders

Under Divorce Act s. 3(1), at least one spouse must have been ordinarily resident in Ontario for one year immediately preceding the divorce application. This residency requirement applies to divorce-related parenting orders, regardless of whether the divorce is contested or uncontested.

Children's Law Reform Act: No Residency Requirement

For unmarried parents or those seeking parenting orders without divorce, the Children's Law Reform Act, R.S.O. 1990, c. C.12, s. 22 provides that Ontario courts have jurisdiction if the child is habitually resident in Ontario at the time of application. This means unmarried parents can obtain parenting orders immediately without waiting one year.

The distinction matters for separating couples:

• Married couples divorcing: One spouse must live in Ontario for 1 year
• Unmarried parents: Child must be habitually resident in Ontario
• Married but not divorcing yet: Can use Children's Law Reform Act

How to Modify Decision-Making Responsibility

Parenting orders can be modified when there is a material change in circumstances since the original order was made. Under Divorce Act s. 17(5), courts must consider only the child's best interests when deciding whether to vary a parenting order.

Examples of Material Change

Courts have recognized the following as potential material changes warranting reconsideration:

• Parent relocation affecting practical shared decision-making
• Significant change in a parent's living situation
• Child's changing needs as they mature
• One parent's failure to exercise decision-making responsibility
• Evidence of family violence emerging after original order
• Parent developing substance abuse or mental health issues
• Child expressing strong preferences (age-appropriate)

Process for Variation

To modify decision-making responsibility, the parent seeking change must file a motion to vary in the same court that made the original order. The motion must demonstrate what has changed and why modification serves the child's best interests. Court filing fees for variation motions range from $127-280 depending on the court level and complexity.

Enforcement of Decision-Making Orders

Ontario courts take enforcement of parenting orders seriously. Under the Family Law Act and Courts of Justice Act, courts can impose consequences for non-compliance including fines, jail time, and modification of the parenting order itself.

Enforcement Options

If a parenting order is not being followed, the affected parent can:

• File a motion to enforce the order
• Request police assistance for immediate compliance issues
• Seek a contempt of court finding
• Ask the court to modify the order based on non-compliance
• Apply for supervised exchanges or transitions

Courts have imposed jail sentences on parents who repeatedly violate decision-making responsibility orders, though incarceration is typically a last resort after other remedies have failed.

Working with Family Law Professionals

Resolving decision-making responsibility disputes often requires professional assistance. Ontario offers several options ranging from court-appointed mediators to private collaborative lawyers.

Mediation Services

Family mediation helps parents negotiate parenting arrangements without adversarial litigation. The Ontario government website notes that mediation can be faster, cheaper, and more private than going to court. Qualified mediators are accredited through the Ontario Association for Family Mediation (OAFM) or Family Dispute Resolution Institute of Ontario (FDRIO).

Mediation costs vary significantly:

Collaborative Family Law

Collaborative family law involves a team-based approach where each parent retains a collaboratively trained lawyer. All parties sign a participation agreement committing not to go to court and to resolve matters respectfully. If the collaborative process fails, both lawyers must withdraw and the parents must retain new counsel for litigation.

The Ontario Association of Collaborative Professionals maintains a directory of qualified practitioners. Collaborative divorce typically costs $15,000-30,000 total, compared to $40,000-100,000 for contested litigation.

Frequently Asked Questions

What is shared decision-making responsibility in Ontario?

Shared decision-making responsibility means both parents must jointly make major decisions about their child's education, health care, religion, and significant extracurricular activities. Neither parent has final authority; they must reach agreement together. Ontario courts order shared decision-making in 61% of parenting cases, increasing to 66% when parents reach consent agreements.

When do courts order sole decision-making responsibility?

Ontario courts order sole decision-making responsibility when shared arrangements would harm the child's best interests. Common reasons include documented family violence, complete communication breakdown between parents, substance abuse affecting parenting capacity, or one parent's disengagement from the child's life. Sole decision-making applies in approximately 39% of parenting orders.

Can decision-making responsibility be different from parenting time?

Yes, decision-making responsibility and parenting time are separate legal concepts in Ontario. A parent might have 35% of parenting time but share equal decision-making authority over major decisions. Conversely, a parent with 50% parenting time might have sole decision-making responsibility if the other parent cannot participate in major decisions effectively.

How much does it cost to get a parenting order in Ontario?

The court filing fee for parenting orders in divorce cases is $679 total ($669 provincial + $10 federal). Mediation costs average under $5,000 for complete settlement, while contested litigation typically costs $15,000-50,000 per parent. Fee waivers are available for Ontario Works and ODSP recipients.

What is parallel parenting and when is it used?

Parallel parenting divides decision-making responsibility between parents, with each having sole authority over specific domains (e.g., one parent handles education, the other handles health care). This arrangement reduces communication requirements between high-conflict parents while ensuring children benefit from both parents' involvement. Courts order parallel parenting when parents cannot cooperate but neither poses safety concerns.

How does family violence affect decision-making orders?

Family violence is a primary consideration under Divorce Act s. 16(4). Courts must assess the nature, seriousness, and frequency of violence, whether violence was directed at the child, and the impact on the child's safety. Sole decision-making responsibility is commonly ordered when family violence is established, as shared decision-making requires cooperative communication that may not be safe.

Can I change a decision-making responsibility order?

Yes, parenting orders can be modified when there is a material change in circumstances. Examples include parent relocation, significant changes in a parent's situation, the child's evolving needs, or evidence of family violence emerging after the original order. You must file a motion to vary demonstrating what has changed and why modification serves the child's best interests.

What happens if my co-parent violates a decision-making order?

Ontario courts can impose consequences for violating parenting orders, including fines, jail time, and modification of the order. You can file a motion to enforce, request police assistance for immediate issues, or seek a contempt of court finding. Courts may also modify the order to give the compliant parent greater decision-making authority.

Do I need a lawyer for decision-making disputes?

While not legally required, professional assistance significantly improves outcomes in decision-making disputes. Options include family mediators ($120-400/hour), collaborative lawyers ($15,000-30,000 for full process), and litigation counsel ($300-600/hour). Self-represented litigants can access court guides and forms through Ontario Court Services.

How do courts determine a child's best interests?

Under Divorce Act s. 16(3), courts consider the child's needs and developmental stage, relationships with each parent, each parent's willingness to support the other's relationship with the child, history of care, the child's views and preferences, cultural and religious heritage, and any family violence. The child's physical, emotional, and psychological safety is the primary consideration under s. 16(2).